State: Sheriff Liable If Signs Cause Wrecks

May 14, 1989|By BETH TAYLOR, The Orlando Sentinel

DELAND -- The state Department of Transportation told Volusia County Sheriff Bob Vogel on Friday that if he continues to post ``Narcotics Inspection Ahead`` signs on Interstate 95, he will be responsible for any accidents they cause.

``The department sees no alternative but to put you on notice that it will hold you personally, and Volusia County generally, liable for any accident, damages, injury, death or claims arising from such action,`` Transportation Secretary Kaye Henderson told Vogel in a letter delivered on Friday.

The sheriff insists the signs are not a hazard.

Since Tuesday, Vogel`s deputies have been posting the two warnings for short periods near a rest area in south Volusia County. There really is no inspection, but the sheriff hopes to arrest drug dealers who panic and try to illegally cross the median to make a U-turn.

DOT officials saw a picture of the signs in Wednesday`s Orlando Sentinel and did not like the idea of drug dealers -- or anyone -- making U-turns on I- 95. They told Vogel about their concerns on Wednesday, but the sheriff did not order his deputies to remove the signs.

Henderson`s letter says the DOT applauds Vogel`s ``aggressive efforts in enforcing the drug laws of Florida.`` However, it says, ``U-turns across the median induced by the signs announcing these (inspection) stations creates an unacceptable safety hazard to the traveling public.

``We have offered to try to resolve this matter with you in a mutually acceptable fashion. This still stands. However, to continue to place the state of Florida in such an untenable situation from a liability point of view is not an acceptable alternative.``

DOT spokesman Barry Inman said the department ``will still be more than willing to resolve this with him.``

``I don`t know, really, if there can be any other way than taking the signs down, but maybe. It`s doubtful, though.``

Inman was not sure if the letter really would protect the state from liability if the signs prompted an accident. It would be up to the courts to decide, he said.

But ``he ought to get the message,`` Inman said. The DOT wants to avoid removing the sheriff`s signs if possible, he said.

Vogel said on Friday he has not retracted his order for deputies to use the warnings periodically. But their main duty is seizing cash destined to buy drugs, not posting the signs, he said.

The sheriff said his attorney, Mel Stack, is negotiating with the DOT. Vogel hopes the department will give him enough time to see if the signs are effective in slowing drug trafficking.

``We really haven`t had an opportunity to evaluate them,`` he said.

The sheriff said he, too, is concerned about safety, but he does not think the signs are dangerous. ``We`re not going to jeopardize anybody`s safety out there at all,`` he said.

Vogel said the signs have prompted several drivers to toss small amounts of marijuana out the window and led to one misdemeanor arrest.

``People are just very supportive of it,`` he said. His office has been busy since Wednesday answering calls from around the country, almost all congratulatory, his staff said.